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    • I uploaded my written submissions (2 of them) and have received this gumph from N0lans today!! They really are willing to try anything!  Any advice on CMD tomorrow or just focus on the content within my submissions?CG submissions 1.pdf CG Nolans submissions.pdf CG submissions 2.pdf
    • But I  previously asked him to agree with me to extend the deadline and send me copy of the order of the 10 Jan. because I didn't remember all the details, he declined by sending email to answer his question first, probably surprised that I met the deadline.
    • Thank you. Well I suppose the mileage looks broadly right. It certainly hasn't done much mileage per year and even though it seems to be nothing for 2020 or 2021, as the mileage is generally low they would seem no reason for playing around with the clock. Are you happy that these are the correct mileages? As I said, I think that although you can easily get a judgement against the dealer, enforcement might be a difficult business. On the other hand, this is to be a clear discrepancy between what the assessment has found and the result of the MOT test only 18 miles earlier and only a few days or so earlier. From time to time on this forum we get stories of people buying used cars with new MOTs and yet the vehicle turns out to be in very bad condition and often in dangerous condition very shortly after the issue of the MOT certificate. Obviously one is very suspicious of that new MOT but it is generally speaking very difficult to prove that the MOT is dodgy – maybe because a few weeks or months have elapsed or maybe because a few hundred or even a couple of thousand miles have has been done before the situation is scrutinised. Your case is different because only a few days elapsed, a negligible mileage was done and most importantly you got an extremely authoritative inspection of the vehicle which shows that not only should it has not passed its MOT but in fact that its condition was really extremely bad. Of course I'm speculating as to the possibility of enforcing a judgement against the dealer but I've already pointed out that I think you can have a lot of difficulty. On the other hand, maybe it's the time to start delivering a slap to MOT garages which issued dodgy MOT's. Of course the case here with BRISLINGTON MOT CENTRE might have a perfectly reasonable explanation – but it doesn't look good. In the absence of any explanation from them, and on the documentation that you provided with the fact that you have given us, I think there wouldn't be much difficulty persuading a judge that there is good reason to demand an explanation from Brislington as to how the vehicle passed its MOT. If you wanted to sue Brislington then you could sue them in the tort of deceit – or even on a misrepresentation where you have been induced to enter into a contract as a result of their representation that the vehicle had gone to an MOT and had passed. The reason that you could sue for a misrepresentation is because although you are not the contracting party – you didn't commission the MOT, under the Contracts (Rights of Third Parties) Act 1999, you enjoy the same rights as the dealer who commissioned the MOT. Let me say that both of these actions could be brought in the Small Claims Court but they would be unconventional and I can imagine that Brislington would go crazy – if they decided to defend. On the other hand, the consequences of a judgement against them for this would be profound for them, and the dealership and could lead to some very serious attention from the police. Please will you think about this – and also please can you list out all your losses. I may have asked you to do this already but please do it again. I'm talking about the cost of the vehicle, and expenses in collecting it, any other expenses incurred trying to address issues – everything. In a list format please
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    • Lord Agnew, a Treasury minister with responsibility for cross-government efficiency has resigned, saying  "a combination of arrogance, indolence and ignorance" was "freezing the government machine". He read out his resignation speech in response to a question from Labour about the £4.3bn of Covid loans written off by the Treasury.   He accused the government of making "schoolboy errors" by giving loans to over 1,000 companies who were not trading when Covid struck.   A No 10 spokesman attempted to excuse the 'incompetence by claiming that £500m was recovered last year.   Conservative minister resigns in anger over Covid fraud WWW.BBC.COM Lord Agnew says the government had made "schoolboy errors" when handing Covid loans to business.     £4.3B is a mere pittance compared to PPE and NOT NHS test and trace corruption/incompetence.   ... but they will still scrape back a couple of billion from the poorest and the absolutely essential £130M by not feeding UK kids    
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preliminary approach for repayment letter


falkirkjambo
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no interest from onset. apply interest once money claim is filed online.

I have no idea about this whole contractual interest thing. it was all to complicated for me, i just added up all the charges and claimed for that amount.

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The preliminary approach for repayment letter includes the text below.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Surely this means you should include the interest?

 

Still confused

Falkirkjambo

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  • 3 weeks later...

I sent my Preliminary approach for repayments letter request along with the spreadsheet which calculated the 8% interest as it was all very confusing. So far the bank have replied with a standard we will look into your complaint with 4 weeks blah blah..... so am now on to the next step. They didn't toss my claim back soi guess it is ok? Sorry not to be any more helpful!

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To clarify for all:

 

In the pre lim letter where it says total charges + interest the interest it means is OVERDRAFT INTEREST ONLY as if the banks charge you and it takes you over your limit and then they charge you interest on it. You CANNOT claim this if this is only part of your agreed overdraft or if it wasn't a charge that took you into it.

 

The 8% is NOT part of the pre lim or LBA letters as only something you use when filling your claim, you shouldn't send this into them even if it prints on the spreadsheet, you need to cut it out or delete the interest collumns till you reach filling your claim for court as this will cause confusion and will result in problems when reaching court. Any other questions about this iam happy to help.

 

Good Luck people. Keep us updated.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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thanks for the info, but unfortunately I mis understood when I did my prelim Req for payment and sent in the spreadsheet complete with 8% calculation added.. I received a standard sorry you're not happy letter, and now need to send my LBA. Have I stuffed up my chances of being successful? Should I re-send with amended figures? HELP......

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You have most definately not mucked it up! carry on as normal, send in your LBA without interest! The fact you have done it in the first instance will not aid thier case - they will know your not a qualified pro - thats all! and if they try any tactics you know where to come.

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have sent letter requesting statements etc... Natwest have breached on 40 day deadline, have spoken to them again and they are reordering the statements should havethem in 7 days. other than report them to data protection commission people is there anything else I can do to move it along?

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i am starting the process of claiming from my bank. they have sent me a letter threatening to default if i do not come up with a way to repay the overdraft, which was caused by their charges. i need to know if i include the red section of the letter even though they have only threatened

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  • 4 weeks later...

Hi there Im sending my prelim letter tomorrow for £600 I am not bothering with interest as it will be pence as my account is almost always in credit so the banks have not charged me much interest. I am however charging them their unarranged borrowing rate of 29.84% from the day they took each penalty until todays date and each day it drags on, this is merely reciprocating their charges for unarranged borrowing of my money!! :);) The amount totals £72 a small price to pay I think for the stress they cause and the fact that some months they prevented me from doing some nice things that I work damned hard for, I also wrote that I will be informing the local press office and asking them to offer some support and coverage if I get given the run around......

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HI - I wonder is it possible to claim back late payment fees over the said period ? mine amount to over £170 and if so is it possible to reword this template so it sounds ok (ie no overdrawn or interest charges) Any help on the wording of this would be gratefuly appreciated.

 

Thanks in advance

Deeman

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  • 2 weeks later...

Hi

 

I have just received 6 years worth of bank statements from RBS. Having calculated my charges for two accounts the charges total up to just over £4,000. Most of the charges are due to the bank taking charges out of my account and taking me overdrawn. To be honest I am quite shocked at how much I have paid over the years some months I have paid £80, but generally its £28 per month. Do you think I have a chance? I am about to send my letter asking for the charges back so any advice?

 

Thanks

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  • 1 month later...
Hi

 

I have just received 6 years worth of bank statements from RBS. Having calculated my charges for two accounts the charges total up to just over £4,000. Most of the charges are due to the bank taking charges out of my account and taking me overdrawn. To be honest I am quite shocked at how much I have paid over the years some months I have paid £80, but generally its £28 per month. Do you think I have a chance? I am about to send my letter asking for the charges back so any advice?

 

Thanks

 

My partner is claiming back from RBS now, as he is getting charged on a weekly basis anything from £28 plus, usually more.:-x RBS are absolutely terrible with their charges, and even charge you when you haven't gone overdrawn!! :o

We have a new baby and can't afford to be letting a bank screw us for every penny we have - so thanks to CAG for all the help and advice I've had so far - hopefully we'll get back the extortionate amount they have 'stolen'.

Sarah :razz:

:p fluffycabbage:p

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  • 1 year later...
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